Assam
Marian village (Assam), Vikuto village (Nagaland)
,
Desoi Reserve Forest
,
Jorhat
Published :
Mar 2022
|
Updated :
May 17, 2024
Firing in Desoi Valley during MLA's Visit Escalates Assam-Nagaland Border Dispute
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2021
Year started
Land area affected
Households affected
People Affected
2021
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On 27 May 2021, shots were allegedly fired by unidentified Naga people during Assam MLA Rupjyoti Kurmi’s visit to a disputed site in the Desoi Valley Reserve Forest. The forest is located near Vikuto village in Nagaland’s Mokochung district. Kurmi, who represents Jorhat’s border constituency Mariani, reportedly went to the site after receiving complaints of land encroachment and construction of structures on the Assam side by Naga people.

“I had gone to the border area with around 45 people, including journalists, five police personnel and local people, on an inspection following reports of fresh encroachment. I saw around six-seven houses there. We were fired upon from the Nagaland side. Some 1,000 hectares have been encroached upon in the area. My demand is that they be evicted within 48 hours and status quo be maintained,” Kurmi was quoted as saying in a news report.

Vikuto village council and Naga officials, on the other hand, maintain that on May 24, about 25-30 armed Assam Police personnel visited the disputed site and announced that the land belonged to Assam. They also allegedly destroyed a farmhouse in the village and cut down about 500 areca nut trees. Kurmis claim that the Assam police fired in retaliation to firing from the Nagaland side first, as a safety measure.

Naga organisations, such as the United Naga Tribes Association of Border Areas and Northern Sumi Hoho, dismissed the allegations of encroachment by Nagas, claiming that it is Assam that has encroached upon Nagaland’s territory. “In reality, Assam has encroached upon the land of the Nagas. They have occupied more than two kilometres inside the territory of Nagaland,” the president of Northern Sumi Hoho Kughavi Chophy told the media.

No casualty was reported in the firing incident. But additional security forces were deployed on the border, and senior authorities from both sides resolved to work out a permanent solution. On July 31, 2021, Assam and Nagaland inked an agreement to disengage its police forces from Vikuto and Aosenden villages and to monitor the border using drone and satellite imagery.

Nagaland and Assam have been embroiled in several border rows ever since Nagaland was carved out of Assam’s Naga Hills district and declared a separate state in 1963. Land conflicts mainly occur along the disputed border belt between Assam’s Golaghat and Jorhat districts and Nagaland’s Wokha and Mokokchung districts. Desoi Valley falls in the same belt.

In 2021, several organisations from Assam briefly imposed an economic blockade in the area (Marian-Mokokchung Road) over a construction-related land dispute. All previous efforts by the Union government to resolve the border dispute have proven to be unsuccessful so far. A title suit filed by the Assam government for identification of the boundary and resolving of the border dispute with Nagaland has been pending in the Supreme Court since 1988.

When Assam Forest Department officials visited the site in February 2023, the Naga encorachers threatened them using weapons and sticks. Mariani Regional Forest Officer, Animesh Kalita, had to leave the site upon receiving threats from the Nagas.

Residents of the area have lamented that the Nagas make them extremely afraid, and they are prepared to use force to fend off the alleged invaders. On 16 February 2023, members of All Assam Tea Tribes Student Association (ATTSA) along with All Assam Students’ Union (AASU) and other unions held a protest against the alleged encroachment of Nagas in the Mariani area of Jorhat.

One of the locals claimed that Naga encroachers had previously inhabited the Desoi Valley and were now invading parts of the Nagajanka Grant of Mariani.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Demand to stop land encroachment in disputed border areas

Region Classification

Rural

Type of Land

Common

Forest and Non-Forest, Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Office of Deputy Commissioner Mokochung, Nagaland; Office of Deputy Commissioner Jorhat, Assam; Assam Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

United Naga Tribes Association of Border Areas, Northern Sumi Hoho

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Sarup Sinha

Sarup is a researcher and doctoral student in Political Science at the North-Eastern Hill University, Shillong. His research interests lie in the area of ethnic and land conflicts, political ecology and development and urban spaces of Northeast India. He has a Masters’ degree in Development Studies from the Indian Institute of Technology, Guwahati. He has previously done research/internships with NABARD, Oxford Microfinance Initiative (renamed Oxford Development Consultancy) and CSDS (Lokniti Programme).

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

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